Appeals court frees activist Adam Adli of sedition charge

THE Court of Appeal has overturned the sedition conviction of activist Adam Adli Abd Halim, citing a “misdirection of law” under the Sedition Act 1948.

In a unanimous decision, Justice Mohd Zawawi Salleh, leading a three-judge bench comprising of Kamardin Hashim and Abdul Rahman Sebli, ruled that Adam Adli should be set free on technical grounds.

“In our view, there is a misdirection of the law… when he was charged and the judge found that the defendant was guilty under Section 3(1)(a) of the Sedition Act, Section 3(1)(c) and Section 3(1)(d) but he didn’t touch on Section 3(1)(b), for which he was found guilty,” said Zawawi.

“And in our opinion… the sections have no connection with the speech given by the defendant. Those sections pertain to (seditious comments made against) the judiciary, the rulers.

“The misdirection of law renders the decision of the sessions and high court untenable,” Zawawi said.

Adam Adli, 29, was to be fined RM5,000 for making seditious remarks calling for the toppling of the government a week after the 2013 general election.

He was found guilty by the sessions court on September 19, 2014 and was sentenced to 12 months’ jail.

The high court which upheld the conviction on February 18, 2016, however substituted the jail term with a fine of RM5,000.

The government had cross-appealed to enhance the sentence from the fine of RM,5000 or three years’ jail or both, the maximum limits for a first offender. – February 22, 2018.

Adam charged with sedition, out on bail

His lawyers are planning to file an application at the High Court to declare the case against him is frivolous.

KUALA LUMPUR: Student activist Adam Adli was this morning charged under the Sedition Act at the Kuala Lumpur Sessions Court for allegedly making a seditious statement. He claimed trial.

Sessions Court judge Norsharidah Awang fixed the bail at RM5,000 with one bailor, and fixed July 2 for mentioning.

Adam, 24, was arrested in Kuala Lumpur on May 18 for remarks he allegedly made during a post-GE13 forum on May 13. He was held in remand for five days.

This morning, deputy public prosecutor, Mohd Abazafri Mohd Abbas, sought to set bail at RM5,000 “to ensure his (Adam’s) attendance in court”. Abazafri was assisted by deputy public prosecutors Azrina Ali and Nadia Tahyuddin.

18 people were arrested tonight at the candle light vigil at Jinjang Police Station.There were still a few hundred people there right now.
If anyone was arrested at Jinjang just now, please contact Suaram Amin013-3845740

Please share this event to your friends. We need to create more awareness to pressure the police to release Adam Immediately. Adam is currently remanded 5 days by the police without any charges. If the numbers are not huge enough, the police could further remand Adam at the end of 5 days.

“若没有父母愿意踏出这一步，那就从我家先开始。我们不曾阻止他，我们鼓励他。”

无论如何，阿都哈林力挺儿子说，阿当阿迪并未试图透过其评论来威胁国家安全。

父亲指称大马民主已死

这名52岁退休爸爸说大马民主已“死”，“我们要言论自由，我们要的是民众能够履行他们的权利。”

24岁的阿当阿迪2年前因在巫统大厦前将首相兼巫统主席纳吉的旗帜下降，被苏丹依德利斯师范大学停学3个学期。

“If no parents are willing to start it, let our family be the first. We have never stopped him. We have encouraged him,” he said.

However, Abdul Halim said that Adam was not trying to threaten national security with his comments.

“We are only seeking our freedom to speech, we are demanding our rights as rakyat,” he said, before brooding that democracy is “dead” in the country.

“Democracy goes beyond what we say and what is being written,” he added.

Adam Adli Abdul Halim has been subjected to interrogation for two days in a row and was not even given a pillow or a blanket to sleep, said lawyer Fadiah Nadwa Fikri, who visited student activist today.

Fadiah who met Adam Adli with his father, Abdul Halim Abdul Hamid, at the Jinjang police detention centre at 1.30pm today, had to wait a long time before they could see him.

“After waiting for some time, his father and I were allowed to meet Adam. Bersih co-chairperson Ambiga Sreenevasan, who was also present, was not allowed to see him.

“Halim and I were then led into a room where we met Adam Adli, who was behind a glass panel. We had difficulty communicating with him and for me, being his lawyer, it was difficult to ask for instructions,” Fadiah said.

The lawyer said Adam told her that he was subject to continuous interrogation from 10am to 6pm on Sunday and Monday, with the police asking him the same questions over and over again.

In between the interrogations, Adam said, there were short breaks.

However, Fadiah said Adam chose to remain quiet, stopped answering the repetitive questions and told the interrogating officer to watch the video recording of his speech.

No hint whether remand will end tomorrow

The 24-year-old student, who has been suspended by Universiti Pendidikan Sultan Idris, had been remanded since Saturday under Section 4 of the Sedition Act for his speech at a post election forum organised by Solidariti Anak Muda Malaysia (SAMM) on May 13.

Fadiah (right) said the meeting lasted less than 30 minutes and that she does not know whether the police will apply to extend Adam Adli’s five-day remand order, which expires tomorrow.

“However, we are glad to see that he is quite well,” the lawyer added.

A candlelight vigil by some 30 people in front of Universiti Sains Malaysia showing solidarity with detained student Adam Adli Abdul Hamid was disrupted by a rowdy group last night.The thugs, numbering about 10, shoved a student and Suaram coordinator Sean Ho and hit two journalists on their arms during the vigil.Police Special Branch officers and Universiti Sains Malaysia security men were present, but they did not take any action against the thugs.The vigil began about 8.20pm with the singing of the Negara-ku, followed by several brief talks given by participants.The protesters were shouted at by the rowdy gang that turned up soon after the vigil began, but they stopped shouting when Penang Deputy Chief MInister I Rashid Hasnon delivered his speech.

One of more vociferous men in the rowdy gang, who wore a helmet and an orange shirt with the 1Malaysia logo, shouted at the people in support of Adam to go home, since Pakatan Rakyat had already won Penang.

“Do not disturb our peaceful life here,” he shouted.

Ho talked to the man and tried to calm him down, but he shouted, “I am a local person, don’t try to chase me away”.

He calmed down when Rashid begin to address the crowd.
……….

Another member of the thuggish gang then used a loud hailer and condemned the protesters for “violating the law and disturbing other people’s lives”.

He described the university students involved in the vigil as “trouble makers” who do not appreciate the education opportunities provided by the BN government.

Former Penang Umno Youth chief Norman Dahlan was among those spotted asking the protesters to leave.

Choo tried to talk to the group, asking them to respect the people’s right to assemble, but they turned aggressive and started shooing and pushing away those holding the vigil.

Two male journalists, one from Malaysiakini and the other from Nanyang Siang Pau, were hit on their arms when taking pictures of this.

The Malaysiakini journalist lodged a report at the Sungai Nibong police station late last night.

Student activist Adam Adli, who was arrested yesterday, is also being probed under Section 124 (B) of the Penal Code in addition to being investigated under the Section 4 of the Sedition Act.

His lawyer Eric Paulsen said that the police had told a magistrate this morning that Adam is also being investigated for participating in an act “detrimental to parliamentary democracy”, which is now a crime based on a newly amended provision under the Penal Code which came into effect late last year.

Paulsen said that this provision under the Penal Code was “too general”.

Adam is investigated for the remarks he made during a public forum at the Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH) on May 13, where he, alongside several other activists, urged the people to stage a massive street protest against electoral fraud.

Investigations are also based on a report by Free Malaysia Today, quoting rally organisers telling the forum that they will use the rally to “topple the government”.

This means Adam could face up to 20 years in jail if he is found guilty under the Penal Code.

An overnight candlelight vigil will be held tonight in front of the Jinjang police remand centre, in protest against the arrest of student activist Adam Adli Abd Halim earlier today.

Adam, 24, was picked up by the police outside his Bangsar home at around 4pm and taken straight to Jinjang where he is being charged under the Sedition Act 1948.

If found guilty, he could be jailed for up to three years, fined not more than RM5,000 or both.

His arrest is believed to be linked to his remarks at a post-election forum organised by Suara Anak Muda Malaysia (SAMM) on May 13 where he told the audience that Malaysians “cannot wait for five years to overthrow Umno and BN”.

According to fellow activist Mandeep Singh, tonight’s vigil is being organised by Adam’s friends and supporters who will be camping overnight in front of the remand centre.

“We call on those who are joining us in solidarity tonight to arrive at 8pm, wear black and bring a tent along,” Mandeep said when contacted this evening.

“We will know by tonight which court Adam will be taken to tomorrow for the remand process.”

Mandeep added that he was with Adam until the latter was taken into the lock-up, and that Adam was “strong, fine and smiling”.

Adam’s lawyer Latheefa Koya meanwhile said the authorities had yet to take an official statement from Adam and were unlikely to do so tonight.

“What concerns us is that he was picked up and taken straight to Jinjang which is a remand centre, instead of being questioned and having his statement taken,” she told fz.com.